Western Australian Current Regulations

WESTERN AUSTRALIAN MARINE (INFRINGEMENTS) REGULATIONS 1985 - SCHEDULE 1

[r. 3]

        [Heading inserted: Gazette 13 Nov 2009 p. 4538.]

Item	Navigable Waters Regulations 1958	Description of offence	Modified penalty $
1	6A	Failing to comply with directions	200
1AA	10(a)	Obstructing, impeding or interfering with passage of vessel approaching or leaving public jetty or bridge	100
1AB	10(b)	Causing a nuisance to any person on, in or about vessel, public jetty or bridge	100
1AC	10A(b) (as read with r. 20)	Swimming from or near public jetty or bridge specified in notice or within area of navigable waters defined in notice	100
1A	14	Vessel travelling so as to cause nuisance or damage	160
1B	14A(a)	Navigating vessel so as to endanger safety of vessel or person	200
2	14A(b)	Navigating vessel so as to obstruct, impede or interfere with other vessel	160
3	14B	Permitting person to expose portion of body to risk of injury beyond hull limits of vessel	60
4	15(1)	Motor boat towing more than one vessel through or under bridge	60
[5         deleted]
6	19A	Vessel exceeding speed of 10 knots between sunset and sunrise —
		(a)         by not more than 10 knots	160
		(b)         by more than 10 knots	200
7	19B	Using or setting off signal, flare, rocket or other distress signals, except in case of emergency or vessel in distress, without prior written permission of Department	200
8	19C(1)	Failing to exhibit on vessel required diving flag	100
8A	19C(3)	Failing to display required lights on vessel from which a person is diving	100
8B	19D(1)(a)	Failing to display a diving flag at the place where the person is diving	100
8C	19D(1)(b)	Failing to display required lights when diving at night otherwise than from a vessel	100
9	19E(1)	Failing to maintain distance of 50 m between vessel and place or other vessel displaying diving flag or, during the hours of darkness, the appropriate signal, or failing to reduce speed of vessel to slowest navigable speed whilst passing within 50 m of that place or other vessel	200
10A	19E(4A)	Failing to proceed at a safe speed or maintain a proper look out while in the vicinity of a place or vessel displaying a diving flag or appropriate signal, but at least 50 m clear of that place or vessel	200
10	42(a)	Anchoring or mooring vessel in fairway or channel when not in distress	60
11	42(c)	Placing cable or rope or other obstruction across fairway or channel without written permission of Department	100
12	43(a)	Obstructing channel or fairway with net or buoyed objects	120
13	45B(1)(a)	Using or having on navigable waters unregistered registrable vessel	160
14	45B(1)(b)	Failing to have current boat registration label properly affixed to vessel	80
15	45B(7)	Failing to have registrable vessel legibly marked with registration number	80
16	45B(8)	Registrable vessel failing to have required identification marking when proceeding north of Geraldton	60
17	45BA(4)(c)	Use of vessel with incorrectly affixed dealer plates	60
18	45D(1)(a)	Failing to produce certificate of registration of vessel within specified time	40
19	45D(1)(b)	Failing to notify Department of change of registered particulars, or of address of owner, of vessel within 15 days	120
20	45E(1)(a)	Failing to furnish purchaser of vessel with registration certificate	60
21	45E(1)(b)	Failing to notify Department of sale or disposal of registered vessel within 7 days	60
22	45E(2)(a)	Failing to apply for transfer of registration within 15 days of acquisition of registered vessel	120
23	45E(3)	Failing to notify Department of loss of registered vessel within 15 days	60
[23A-23D         deleted]
23E	47A(3)	Person between 10 and 14 driving an RST vessel unless under supervision	200
23F	47A(4)	Person between 14 and 16 driving an RST vessel unless —             (a)         holding a recreational skipper’s ticket and driving at not more than 8 knots and during the daytime; or             (b)         under supervision	200
23G	47A(5)	Person over 16 driving an RST vessel unless holding a recreational skipper’s ticket or under supervision	200
23H	47A(6)	Allowing RST vessel to be driven in contravention of regulation 47A	200
23I	47H	Failing to produce recreational skipper’s ticket on request	200
23J	47I	Holder of recreational skipper’s ticket failing to notify change of details	120
24	48(a)(i)	Driving a motor boat at a speed exceeding 8 knots or water ski‑ing or para‑sailing in water with a depth of less than 3 m	160
24A	48(a)(ii)	Driving a motor boat at a speed exceeding 8 knots or water ski‑ing or para‑sailing within 50 m of a river bank or low water mark	160
24B	48(b)	Driving a motor boat at a speed exceeding 8 knots or water ski‑ing or para‑sailing in or through mooring area	160
24C	48(c)	Driving a motor boat at a speed exceeding 8 knots or water ski‑ing or para‑sailing within 15 m of a vessel underway	160
24D	48(d)(i)	Driving a motor boat at a speed exceeding 8 knots or water ski‑ing or para‑sailing within 50 m of a moored vessel	160
24E	48(d)(iii)	Driving a motor boat at a speed exceeding 8 knots or water ski‑ing or para‑sailing within 50 m of a person in the water	200
24F	48(d)(iv)	Driving a motor boat at a speed exceeding 8 knots or water ski‑ing or para‑sailing within 50 m of a jetty or wharf	160
24G	48(e)	Driving a motor boat at a speed exceeding 8 knots or water ski‑ing or para‑sailing through an arch of a bridge	160
25	48A(2)	Driving motor boat towing para‑sailor or water skier in area not set aside for purpose	200
26	49(1)	Towing para‑sailor or water skier without observer in towing speed boat	160
27	49(2)	Driver of or observer in speed boat towing para‑sailor or water skier failing to maintain constant lookout or watch	120
[28         deleted]
29	49C	Failing to drive speed boat at least 50 m behind water skier or other boat	120
30	49D	Driver of boat about to take off failing to yield right of way to speed boat landing water skier	60
31	49E	Trailing ski rope within 30 m of shore in water ski area	60
32	49G	Failing to keep speed boat towing water skier at least 30 m from shore when not engaged in landing or taking off water skier	60
33	49H	Driver of speed boat failing to maintain correct distance after landing water skier before retrieving tow line or thereafter driving speed boat at more than 8 knots or so as to interfere with or obstruct other boat towing water skier	120
34	49I	Driver of speed boat failing to maintain distance of 25 m from shore when landing water skier	60
35	49J	Sitting on gunwale or back of driving seat when driving speed boat	60
36	49K	Water skier failing to retrieve water ski	60
37	49M(a) or (b)	Using navigable waters for purpose of slalom course or ski‑jump —
		(a)         without prior written permission of Department	100
		(b)         without required marker buoys and pennants	60
38	50(1)	Driving motor boat towing water skier between sunset and 8 am on Swan River or between sunset and 9 am on Canning River	200
38A	50A(2)	Freestyle driving, surfing or wave jumping in a prohibited area	200
38B	50A(3)	Freestyle driving, surfing or wave jumping within —             (a)         30 m of another personal watercraft; or             (b)         50 m of any other vessel or person	200
38C	50B(3) and (4) (as read with (8))	Person over 12 years failing to wear appropriate lifejacket	200
38D	50B(5) (as read with (8))	Person over 12 years required to wear appropriate lifejacket failing to produce the lifejacket they are wearing to officer of Department on demand	160
38E	50B(6) (as read with (9))	Master of a vessel failing to ensure that an appropriate lifejacket is worn by a person on the vessel	200
38F	50B(7) (as read with (9))	Master of a vessel failing to produce to officer of Department on demand a lifejacket being worn by a person on board who is under 12 and required to wear an appropriate lifejacket	160
39	51	Using motor boat not fitted with efficient silencer approved by Department	160
40	51A	Causing or permitting motor boat to emit smoke or vapour causing danger, nuisance or annoyance .	160
[40A, 41         deleted]
42	52A(2)	Failing to equip registrable vessel with required number of lifejackets	200
42A	52A(3)	Failing to equip non‑registrable vessel while outside protected waters and more than 400 m from any shore with required number of lifejackets	200
43	52B	Failing to equip pleasure vessel while outside protected waters and more than 400 m from any shore with required number of distress signals	160
43A	52BAA	Failing to equip vessel that proceeds more than 4 nautical miles from any shore with a marine transceiver	200
43B	52BAB	Failing to equip pleasure vessel that is outside protected waters and more than 400 m from any shore with —             (a)         an Electronic Position‑Indicating Radio Beacon; or             (b)         a personal locator beacon attached to a person on board the vessel	200
44	52BA(1)(a)	Failing to maintain items of safety equipment of vessel in serviceable condition	160
45	52BA(1)(b)	Failing to have safety equipment of vessel readily accessible to all persons on board	160
46	52BA(3)	Failing to produce items of safety equipment to officer of Department on demand	160
46A	52BB	Failing to maintain lifejacket worn on personal watercraft in serviceable condition	200
[47         deleted]
48	52G	Failing to display navigation lights on small motor boat as required	200

Item	Western Australian Marine Act Section	Description of offence	Modified penalty $
49	64A(1)(a) (as read with (3))	Failing to stand by to render assistance after a marine incident	500
50	64A(1)(b) (as read with (3))	Failing to render assistance after a marine incident	500
51	64A(1)(c) (as read with (3))	Failing to give details after a marine incident	500
52	64B(2) (as read with (3C))	Master or owner of a vessel failing to report a marine incident involving damage to the vessel	200
53	64B(4)	Master or owner of a vessel failing to give a written report of a marine incident involving an injury or death, or damage to the vessel, confirming any earlier report of the incident	200
[54‑73	deleted]
74	66(3)(a)	Obstructing an authorised person in relation to an area closed to navigation	200
75	66(3)(b)	Navigating a vessel in an area closed to navigation	200
76	67(3)	Exceeding speed limit by —
		(a)         more than 3, but less than 5, knots	100
		(b)         5 or more, but less than 10, knots	160
		(c)         10 knots or more	200
77	69	Failing to batten down and secure hatches	100
78	70(1)	Going on board a vessel in port at night without authority	100
79	75BF	Careless navigation of a vessel	300
80	75D(1)	A first offence of navigating or attempting to operate a vessel while BAC is 0.05 or above	1 000
81	75GF(5)	Failing to comply with a prohibition notice	600
[82‑89	deleted]
90A	79(2)	Failure of the master or person in charge of a vessel to comply with the Prevention of Collisions at Sea Regulations 1983	300
90	91(1)	Carrying dangerous goods without proper markings	200
91	97(1)	Carrying explosives on a passenger ship without proper protection	200
92	132(8)	Removing an infringement notice from a vessel	100

	W.A. Marine (Hire and Drive Vessels) Regulations 1983 (provision of Uniform Code)
93	3.4.1	Failing to fix registration plates to hire and drive vessel	50
94	3.4.2	Failing to maintain markings on hire and drive vessel	50
95	3.12.1	Failing to notify the CEO of repairs or alterations to hire and drive vessel	50
96	3.13.2	Failing to report an accident involving hire and drive vessel	50
97	4.2.2	Overloading a hire and drive vessel	100

        [Schedule 1 inserted: Gazette 9 Jun 1992 p. 2381‑2; amended: Gazette 30 Jun 1992 p. 2910; 7 May 1993 p. 2361‑2; 31 Dec 1993 p. 6911‑2; 14 Jun 1996 p. 2607; 30 May 1997 p. 2497‑9; 27 Oct 1998 p. 5965; 11 Dec 1998 p. 6652; 17 Jun 2003 p. 2221; 23 Dec 2005 p. 6278‑9; 10 Feb 2006 p. 666; 26 May 2006 p. 1880; 13 Nov 2009 p. 4538; 17 Nov 2009 p. 4631‑2; 4 Jan 2013 p. 9; 3 Mar 2017 p. 1490‑1; SL 2021/147 r. 38; No. 135 of 2023 r. 39; SL 2024/61 r. 4; SL 2024/191 r. 48.]